[The seizure of medical records; views on the limits of confidentiality law]

Abstract

In the Netherlands the seizure of a medical file by the justice department without the consent of the possessor of the file, is formally forbidden. Nevertheless, medical files are being seized occasionally for juridical reasons, to the distress of the medical profession. It is concluded that the possessor of a medical file cannot object before a court of law to the seizure by the justice department. There is a need to change Dutch law so that doctors or hospitals will in fact have that possibility.